In China, employment offer letters (录用通知书) are written documents employers give to employees stating the employer’s intent to enter into a labor relationship with the employee. These offfer letters typically propose the employee’s work title, work location, wages, and the term of the employment arrangement. Despite the relatively common use of employment offer letters in
By Lucas Blaustein* U.S. agricultural exports to China have increased by 120% since 2008, to nearly 28.9 billion dollars in 2013 and agriculture now accounts for nearly 24% of US-China trade . Since China’s admittance to the World Trade Organization (WTO), China and the United States have increasingly traded their comparative advantages. Daily, Chinese made
Many of our clients that went to China years ago to have their products made there are now interested in selling those same products within China. One way to do that is to form a WFOE for selling the products, but oftentimes the cost and the hassle of doing that is not worth it, especially
China’s labor law provides for a 44-hour work week, but its regulations provide for a 40 hour work week and most municipalities enforce the 40-hour work week, but recognize that this workweek may not be practical for certain employees. A “flexible” working hours system is thus permitted for “senior management” as an exception to this
The goal of this post is to start a discussion on how and why to diversify away from China. Does a China plus one strategy make sense and if so, why? Earlier this week, I wrote an article, China Plus One: How Vietnam’s Riots Help American Businesses, the theme of which is that Vietnam —
The Three Fundamental Rules for China Contracts To ensure that your contracts are enforceable in China, it is important that they adhere to these three fundamental rules: Jurisdiction: Always specify a court within China for resolving legal disputes. Governing Law: Ensure that Chinese laws govern the contract. Language: Use Mandarin Chinese as the official language
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) enforces U.S. economic and trade sanctions. OFAC sanctions generally block all U.S. individuals and entities – including in some cases U.S. companies’ foreign subsidiaries – from transacting business with comprehensively sanctioned countries, such as Cuba, Iran, North Korea, Russia, and Syria, or sanctioned
Just got off the phone with a client who asked me to provide it with a “term sheet template” for buying product from a Vietnamese manufacturer. We generally advise our clients reach agreement on “key terms” before we start drafting their Manufacturing Contract. It is not productive for us to start drafting a manufacturing contract
A technology company contacted one of our China lawyers months after having started selling its software into China. This company came to us seeking help in deciding whether to continue selling its software from the United States or to form a China WFOE and start selling through that entity. The first thing we told this
We have written a number of times about the need to register intellectual property in China with the appropriate authorities. And we usually put particular emphasis on registering trademarks in China, because doing so is an easy, obvious, and relatively economical first step in IP protection. But for those selling or manufacturing products in China,
